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Madras High CourtCRL OP(MD)/3515/2022dismissed

S.Rajkumar v. The Sub Inspector Of Police

2022-03-30Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.3515 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3515 of 2022 S.Rajkumar ... Petitioner/Sole Accused Vs The State represented by The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.470 of 2021) ... Respondent/Complainant For Petitioner : Mr.R.SELVAM, Advocate for Mr.G.THALAIMUTHARASU, Advocate.

For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.470 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 306 IPC, in Crime No.470 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was matrimonial dispute between the petitioner and his wife from the year 2014 and the petitioner had filed HMOP for divorce. On 30.09.2021, at 07.45 hours, the wife of the petitioner consumed poison and without responding to the treatment, she died on the same day evening. Hence, the complaint.

3.This Court, in Crl.O.P.(MD)No.20921 of 2021, has dealt with the points raised and came to the decision that the petitioner is not entitled to get anticipatory bail.

4.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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CRL OP(MD). No.3515 of 2022 5.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that investigation is pending. 6.Considering the above facts and also the fact there is no change of circumstances since the dismissal of the earlier application, this Court is not inclined to grant anticipatory bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. sd/- 30/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE SUB-INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3515 of 2022 Date :30/03/2022 SA/SVR/SAR.1/05.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2